New York Attorney General Files Lawsuit Over Buffalo-Area Music Festival

New York State Attorney General Eric T. Schneiderman has filed a lawsuit against Buffalo concert promoter Cody Conway and the Buffalove Music Festival

Schneiderman is accusing Conway of canceling the three-day Franklinville, New York, festival two weeks before it was scheduled to begin on July 20 and failing to refund 146 customers who bought tickets from $85 to $125 a piece for a combined $14,896.42. The investigation was led by James M. Morrissey and Erica Law with help from Michael Russo and Marty Mack.

"New Yorkers should get what they pay for – and they’re entitled to timely refunds if event organizers don’t follow through on their promises," said Schneiderman in a release. "My office won't tolerate scammers who trick hardworking consumers into forking over cash for performances they'll never see."

After receiving complaints, the Attorney General's office launched an investigation into Conway and uncovered that Conway canceled the festival on June 5 and allegedly never issued refunds, despite a promise to do so. Conway used Ticketfly to sell tickets for the event and was paid a $13,305 advance by Ticketfly. When Conway failed to refund the money, Ticketfly provided the refunds to consumers who purchased tickets through their site.

"However, some would-be concertgoers may have made payments directly to Conway – and therefore did not receive refunds," a statement from the Attorney General's office reads."In particular, Conway still owes one customer $1,000 for a cabin rental during the weekend of the festival."

Schneiderman's office subpoenaed Conway's office for records of the ticket sales and when he allegedly failed to cooperate, the Attorney General’s office filed a lawsuit against him.

"The Attorney General seeks to require that Conway disclose all persons who made payments directly to him and refund those payments," the statement continues. "Additionally, the lawsuit seeks to prohibit Conway from promoting concerts or engaging in any business in New York State, until he pays full restitution, penalties, and costs."

Schneiderman encourages fans to buy tickets with credit cards, making it easier to dispute charges if an event is canceled. Consumers who believe they are the victim of a scam should call the consumer helpline at 1-800-771-7755.